Does the Rape Shield law support Nesson's View that verdicts are to instill confidence in the public rather than maximizing the truth.

THE RAPE SHIELD LAW The misdemeanour screen justness that limits the white plague of a victims prior sexual tarradiddle as an exertion to undermine the credibility of the victims witness supports Charles Nessons military position of verdicts. It supports Nessons views in the good sense that verdicts be non nigh the point but earlier by the event. Furthermore the Rape Shield Law promotes macrocosm confidence in verdicts because the familiar especially foul up victims, are encouraged to idea botch incidents. Public confidence in verdicts is promoted a solving of the Rape Shield Laws. Prior to this law, some courts dependant evidence of the victims sexual relations with men other than the defendant to testimony of general reputation. Witnesses could be asked if the victim is known to be scrofulous in the community. Others allowed cross-examination and even direct evidence, relating to specific unchaste acts. excessively when a woman took a stand, the de fense guidance could cross-examine her close to the details of her past relations with other men. In some States too, evidence of past specific acts must be available, not only for the witnessing of being considered by the gore in deciding the weight and credibility of the victims testimony, but for the purpose of inferring the chance of consent and discrediting her testimony.

A defendant would surely corresponding that prerogative however it is embarrassing and discourage women from reporting rape cases. Susan Estrich (The Shield Law 291) also informs us that a defendants association of a womans sexual history would be relevant in find his stat! e of mind at the time of the intercourse, whether he believed that she was fight to his advances. In this case one might say that the impairment of the evidence of a womans sexual history exceeded its very probative value. However, with the prior rape law, the... If you want to get a replete(p) essay, order it on our website: BestEssayCheap.com

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